Copyright Patent

Transparency and TPP negotiations


“Transparency increases the cost of hiding the truth. More efficient interactivity exposes truths that used to be inexpensive to hide.” [“Extreme Trust” by Don Peppers & Marth Rogers] I would like to begin this post by sharing my thoughts on transparency. In simple terms, transparency is the revelation of what otherwise might have been concealed. It enhances trust in the people and institutions on which our futures depend. Transparency has various dimensions. It is a vital via media for achieving…

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Innovation Patent

Creative IP Lawyering and Justice?

creativity is contagious

In a piece posted yesterday, I reflect on the theme of “Jugaad Justice” and link to a Mint op-ed written to commemorate the World IP Day. In the Mint piece, I refer to a string of IP cases (mainly from the Delhi High Court), where judges impose a sort of “community service” on defendants in lieu of computing complex damages (as pay out to plaintiffs). I’d noted as below: “In another series of remarkable decisions, courts ordered that rather than pay…

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Patent Trademark

IPAB Constitutionality: Revised order vis-a-vis Patents Act


In a momentous decision, the Madras High Court decision struck down key provisions of the Trademark Act relating to the IPAB as unconstitutional. In its order dated 10.03.15, the Court ruled that the technical member of the IPAB under the Trademarks Act would need to necessarily have the requisite legal/ judicial expertise before being appointed. More importantly, the court categorically ruled that ILS officers (employed by the government) cannot  be appointed as judicial members. A detailed analysis of the order…

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Bayer’s Nexavar, Patent Working and Compulsory Licensing: Mind the (Information) Gap!


In an email to our readers last week, I’d announced that we’d be releasing a report soon on the “working” of Bayers’ controversial patented cancer drug, “Nexavar”. This drug was at the centre of controversial compulsory licensing dispute between Bayer and Natco. For those interested, here is the full text of the report. In this report, we highlight the various information gaps and discrepancies in the Form 27 declarations filed each year by Bayer before the Indian Patent Office. As…

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Innovation Patent

Jugaad Justice?


In order to commemorate World IP Day, I’d written a piece for the Mint on what I call “Jugaad Justice”. I was of course being deliberately provocative in using this term and look forward to comments and suggestions. For those interested, the link to the Mint piece is here, and the piece is extracted below. In this piece, I refer to Justice Katju’s maverick ruling dispensing with interim injunctions in IP cases, a theme I elaborate upon quite significantly in…

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Innovation Others Privacy

Faith (in IP) be damned! (But Happy World IP Day!)


Thanks to the social media turn of more and more academics, I recently came across a new essay by Prof Mark Lemley, one of the most prolific IP personalities around today, focusing specifically on an issue we’ve noted as problematic for years on the blog now – the conflict between “Faith” and “Fact” based IP. From World IP Day in 2008 (“Faith based IP to Fact based IP“), to a post just a couple of months ago (“Dodgy IP Dogma“) –…

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Guest Post: A ‘captured’ Commerce Ministry puts profits before the safety of ‘Made in India’ medicines


Prashant Reddy has for our readers a telling post that opens a can of worms as it throws light on the goings-on in the drug regulatory arena in India. Prashant is a lawyer who advises on IP & regulatory issues in the pharmaceutical sector. A ‘captured’ Commerce Ministry puts profits before the safety of ‘Made in India’ medicines  Prashant Reddy* In December, 2014 news broke of possible action by European drug regulators against GVK Biosciences over discrepancies in clinical trials that it had…

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Legal Council Congress and IDEX Legal Awards (30th April, 2015)

LCCA Emailer_1

IDEX Legal will host the 10th Edition of The Legal Council Congress and the 4th Edition of The IDEX Legal Awards at the Palladium Hotel in Mumbai on 30th April, 2015. The Legal Council Congress (LCC) is presented by Thomson Reuters. LCC brings legal decision makers together leaders in the legal fraternity to discuss the legal and non-legal challenges faced in their careers, such as team management, hiring and retention of staff, etc. The inaugural panel on ‘The Rise of the Global GC’ will be chaired by…

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Making of National IPR Policy: DIPP responds to RTIs filed by CIS


Centre for Internet and Society filed RTIs with DIPP regarding the “making” of IPR Policy and functioning of the Think Tank. DIPP responded to them. These are available here. RTI requests dealt with a) the process followed by the IPR Think Tank while framing the first draft of the Policy (released in December, 2014); b) details and documents of meeting held to draft the Policy; c) details and documents of all/multiple meetings held to draft the Policy and d) all…

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Guest Post: CopyrightX – Networking Education

(Image Source:

CopyrightX is an online course organised by the Berkman Center for Internet and Society and Harvard University. The course is Prof. William Fisher’s take on the Massive Open Online Course (‘MOOC’) model, with a model that is far more interactive and hands-on that most MOOCs – a ‘networked course‘, as Prof. Fisher puts it. The course includes a residential course on copyright law taught by Prof. Fisher in Harvard and affiliate courses that are taught in affiliated universities, and an online…

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